Viegelahn v. Lopez (In Re Lopez)
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JENNIFER WALKER ELROD, Circuit Judge:
In this Chapter 13 bankruptcy case, debtors sold their Texas homestead and did not use the sale proceeds to purchase another home. The debtors later voluntarily dismissed their bankruptcy case. The bankruptcy court determined that the debtors were entitled to the return of the homestead proceeds because they voluntarily dismissed their case. The district court disagreed, concluding that the proceeds should remain with the trustee for distribution to creditors in the dismissed bankruptcy proceeding. Determining that the bankruptcy court's decision was…
2Cases cited31 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Hamilton v. LanningSupreme Court of the United States · 2010
- Czyzewski v. Jevic Holding Corp.Supreme Court of the United States · 2017
- In the Matter of Triangle Chemicals, Inc., Debtor. Darryl Fanelli v. Nelson T. Hensley, TrusteeCourt of Appeals for the Fifth Circuit · 1983
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